Delhi HC grants bail to AIDS patient, says accused has right to breathe fresh air, recieve due care

New Delhi [India], May 18 : The Delhi High Court has recently granted bail to a person who is suffering from HIV-AIDS and various other ailments. The High Court, while granting bail, noted the medical status report filed by the jail authorities.

The High Court, after taking a humanitarian view, said that the accused needs a high level of care and treatment, which the applicant is unlikely to receive in the environment of a Jail.

Justice Saurabh Bannerjee granted bail to the accused, who was arrested in a drugs case under the NDPS Act registered in 2025.

"Court is of the considered opinion that taking a humanitarian view, and without adverting to the other issues on merits, it is appropriate to grant the applicant regular bail," Justice Banerjee said in the order of May 9.

The bench also noted that the petitioner is an accused in a case connected with the recovery of 21 KG Ganja from the 2 boys who were riding his scooty.

Justice Saurabh Banerjee said, "Further, though the applicant is an accused in a serious offence, this Court cannot lose sight of the fact that at the end of the day, the applicant is a human being, who is a patient suffering from HIV/ AIDS."

"The applicant has every right to breathe fresh air and receive due care in a precautionary environment for leading his life with dignity," Justice Banerjee held.

While granting bail, the High Court perused the medical status report and said that it is evident from the various medical documents filed that the applicant has indeed been suffering from various serious and chronic ailments for a considerable amount of time.

" As such, he requires consistent observation, supervision, analysis and medication. All these call for a high level of care and treatment, and which the applicant is unlikely to receive in the environment of a Jail, especially which is overburdened in the present case to provide continuous attention and care to the applicant. Notably, this Court is also told that the applicant contracted HIV/ AIDS while he was facing incarceration," Justice Banerjee said.

The accused had sought regular bail primarily on medical grounds.

Advocate Nishant Nain, counsel for the accused, during arguments, referred to the medical status report of December 15, 2025 filed by the prosecution before the Trial Court.

A fresh medical report and supporting medical documents of the applicant were also filed before the High Court on March 25, 2026.

The counsel submitted that the applicant is suffering from serious medical ailments, as he is a patient of Human Immunodeficiency Virus (HIV)/ Acquired Immune Deficiency Syndrome (AIDS) and Tuberculosis and requires continuous medical care and supervision.

He drew the attention of this Court to the order of 11.04.2022 passed by the Supreme Court and by the High Court of Odisha, wherein the applicants, also being HIV/ AIDS patients, were granted bail on similar grounds.

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